Tribunal rejects Moonsamy's late bid to pursue complaint over allegedly rebuilt Ford Ranger
A National Consumer Tribunal application was refused after the tribunal found it could not hear a complaint already excluded by section 116 of the Consumer Protection Act.
The National Consumer Tribunal has dismissed a complaint from a consumer who alleged that a used Ford Ranger he bought from Lima Cars had been written off and repaired without disclosure. P Moonsamy claimed the vehicle had over 30 electrical faults, missing airbags, misaligned body panels, and mismatched paintwork. He had already complained to the Motor Industry Ombudsman of South Africa and initiated civil legal action against the dealership.
The tribunal dismissed the complaint because the National Consumer Commission had already issued a notice of non-referral, stating that Lima Cars was already a respondent in proceedings under another section of the Consumer Protection Act relating to substantially the same conduct. The tribunal found that Moonsamy could not refer the complaint to the Tribunal for adjudication as the NCC's notice was issued on grounds contemplated by Section 116 of the CPA.
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